Abandoned Vehicles: Removal: Sale

(a)No person shall abandon a vehicle in a public right-of-way, or upon public property or upon private property without the expressed or implied consent of the owner or person in lawful possession or control of such private property.

(b)Any peace officer, or employee authorized in writing by the Director of the Department of Public Works, who finds that a vehicle has been parked for more than twenty-four

(24)hours on public property or private property without the expressed or implied consent of the owner or person in lawful possession or control of such private property, shall remove or order a licensed garage man or a tow truck company to remove the vehicle from such property. Upon ordering the removal of the abandoned vehicle after the twenty-four

(24)hour period, the peace officer or DPW employee shall collect the following information of the abandoned vehicle and report such information to the Department of Revenue and Taxation (DRT):

(1)photograph of the vehicle;

(2)the location of where the vehicle was picked up;

(3)the time and day the vehicle was picked up;

(4)the vehicle identification number

(VIN)and license plate number, if available;

(5)the make, model, and color of the vehicle, if identifiable; and

(6)the name of the licensed garage man or tow truck company that picked up the vehicle.

(c)The Department of Revenue and Taxation shall:

(1)post the information required by Subsection

(b)and the name and address of the owner, which includes the lien holder of the abandoned vehicle, on its website; and

(2)within five

(5)days after an abandoned vehicle has been removed and stored, send a notice by certified mail of the removal and storage to the owner or legal owner, if any, as shown in the records of the Department of Revenue and Taxation.

(3)If the abandoned vehicle is not claimed after thirty

(30)days, it may be auctioned by DRT or sold pursuant to Subsection

(f)of this Section.

(d)A violation of this Section shall be additionally punished by a fine of One Thousand Dollars ($1000.00), payable by the owner of the vehicle to the Public Rights-Of-Way Account of the Guam Highway Fund.

(e)It shall be a new violation for each thirty

(30)day period the owner fails to lawfully dispose of the vehicle.

(f)A licensed garage man or tow truck company may charge the owner of an abandoned vehicle a flat rate fee, promulgated by the Department of Revenue and Taxation through the Administrative Adjudication Law found in Chapter 9, Title 5, Guam Code Annotated, for towing, holding or storing the vehicle for thirty

(30)days. If the abandoned vehicle is not claimed after thirty

(30)days, the licensed garage man or tow truck company may sell the vehicle. CH. 3 GENERAL PROVISIONS

(g)“Abandoned vehicle,” for purposes of this Section, means a motor vehicle that is left on private property, without the expressed consent of the landowner, or on public streets, roads, or highways for more than twenty-four

(24)hours within the right-of-way, including parking strips and sidewalks, of any public street or highway.